(a) Pursuant to
a person whose property or property rights are subject to a lien shall be
entitled to a hearing, at which he/she can show cause why the lien should not
be applied to his/her property or property rights.
(b) In accordance with
I(c), notice of the person's right to request
a hearing shall be sent by certified mail to the person's residence or
principal place of business, both of which shall be determined from the last
information supplied by the person appearing on file at the administration.
(c) The person shall file a
request for a hearing within 14 days of receipt of the notice. If a hearing is
requested, a hearing examiner shall notify the person of the time and place at
which the hearing shall be held.
(d) The hearing shall be held before a
hearings examiner pursuant to
260:44 and in accordance with the provisions
of Saf-C 200.
(e) The scope of the
hearing shall be limited to the following:
(1) The amount of road tolls, fees, and
interest due the state of New Hampshire from the person;
(2) The nature and location of the person's
real or personal property;
Whether or not the person has filed a bond with the road toll administration
and if so, the amount of the bond; and
(4) The reason(s) the person believes the
lien should not be applied to his/her property or property rights.
(f) The hearings examiner shall review the
issues and information presented at the hearing, along with all information
from the records of the administration and any evidence presented by the person
subject to the lien. After review and consideration, the hearings examiner
shall determine the amount of road tolls or fees plus interest and cost due the
state. If road tolls or fees are not satisfied, the administration shall file a
notice of lien in accordance with
II. A copy of the order shall be furnished to
(g) If the person
fails to request a hearing within the time prescribed by
I(c), or fails to appear for the hearing, the
commissioner or his/her designee shall determine the amount of road tolls or
fees plus interest and costs due the state. If road tolls or fees are not
satisfied, the administration shall file a notice of lien in accordance with
II. Under such circumstances, the decision
shall be deemed final.